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PC Min 05/28/19917:30 P.M. PLANNING COMMISSION City of Campbell, California CITY HALL COUNCIL CHAMBERS TUESDAY MINUTES MAY 28, 1991 The Planning Commission of the City of Campbell convened this day in regular session, at 7:30 p.m., in the City Hall Council Chambers, 70 North First Street, Campbell, California, and the following proceedings were had to wit: Commissioners Present: Chairperson Jane Meyer-Kennedy Commissioner Robert Dougherty Commissioner Jay Perrine Commissioner I. (Bud) Alne Commissioner Alana Higgins Commissioner David Fox Commissioner Mark Wilkinson Commissioners Absent: Staff Present: Director of Planning, Steve Piasecki Senior Planner, Randy Tsuda City Attorney, Bill Seligmann Engineering Manager, Bill Helms Reporting Secretary, Karon Shaban APPROVAL OF THE MINUTES On motion of Commissioner Fox, seconded by Commissioner Perrine, minutes of the Planning Commission meeting of May 14, 1991, were unanimously approved, as submitted, (7-0-0). the Planning Commission Minutes 2 May 28, 1991 (;:OMMUNICATIONS: Director of Planning, Steve Piasecki, informed the Commission that communications received were included in the Commission packets and pertain to items on the agenda. ORAL REQUESTS: There were no oral requests. A(~ENDA MODIFICATIONS OR POSTPONEMENTS There were no modifications or postponements. pUBLIC HEARINGS 1. UP 91-09 Lange, W. Public Hearing to consider the application of Mr. William Lange, for approval of a Use Permit to allow an existing secondary living unit on property located at 1099 West Parr Avenue, in an R- 1-10 (Single-Family Residential) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Director of Planning, Steve Piasecki, presented that Staff Report noting the following: Applicant's proposal. Construction was completed prior to building permit requirement. Staff is recommending approval, subject to the Conditions of Approval, and with the following stipulations: 1. Attach the secondary living unit to the main house. 2. Revised window detail on second home. Commissioner Alne presented the Site and Architectural Review Committee report, noting: · Building will be brought up to Building Department standards. · Committee recommends approval. Discussion ensued relating to window treatment and building code conformance. The Chairperson declared the Public Hearing open. Mr. Mark Biehi, 1113 West Parr Avenue, addressed the Commission and expressed the following concerns: · Requirement that an application of this kind specifies that one of the homes is to be owner occupied, and that the owner does not live in either unit. · Asked who is responsible for monitoring occupancy. · Indicated that home(s) are being advertised as "ideal rental units". · Property is currently being used as Multiple-Family Residential and zoned for Single-Family Residential. Director Piasecki reviewed the requirements for the application, explaining that the Planning Commission Minutes 3 May 28, 1991 applicant will be required to file a deed restriction. Mr. Biehi suggested that the separate fencing, yards and entryways, indicate that the intent is for rental purposes. Commissioner Fox informed Mr. Biehi that there are not restrictions regarding adjoining fences, yards or walk and entryways. Commissioner Fox asked if the property owner plans to move into one of the homes. Mr. William Lange, 20345 Argonaut Drive, Saratoga, stated that he does not currently live at the project site, nor does he intend to move onto it. He stated that his intent is to sell the property, and that he intends to abide by all requirements of the application. Commissioner Fox asked how long the property could be rented while it was being sold. City Attorney Seligmann stated that only one unit could be rented. Director Piasecki explained procedures for enforcement of violations relative to deed restrictions. Sharlene Washington, 1079 West Parr Avenue, expressed concern relating to the requirement that the structures be attached, and the requirement that the property owner does not occupy the property. Commissioner Perrine noted that the structures are attached by an adjoining closet. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Fox, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Dougherty, seconded by Commissioner Perrine, it was ordered that Resolution 2749 be adopted approving UP 91-09, subject to the Conditions of Approval. NO. Commission Discussion: Commissioner Perrine noted that his support for the item is due to the structures being brought up to code. Commissioner Dougherty noted that he was satisfied that the applicant is amenable to conforming to requests and conditions brought forth by staff and the Site and Architectural Review Committee. Plannini~ Commission Minutes 4 May 28,1991 Roll call vote on motion: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox, Meyer-Kennedy None None 2. S 91-06 Diaz, B. Public Hearing to consider the application of Ms. Barbara Diaz, for approval of a Site and Architectural Application to allow the move-on of a single-family residence, on property located at 1145 Hazelwood Avenue, in an R-1-6 (Single-Family Residential) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Senior Planner, Randy Tsuda, presented the staff report noting the following: · Location for the proposal. · Consistency with General Plan and Zoning for the designated area. · Applicant's proposal. · Background information relating to previous Planning Commission approval to relocate the home to Walters Avenue has been abandoned by the applicant, who now seeks relocation to the subject property. · Setbacks, parking and revised landscaping. · Staff recommends approval. Commissioner Alne reported that the Site and Architectural Review Committee reviewed the proposal and that the Committee is recommending approval with the stipulation that the applicant revise the landscape plan to adhere to the WELS policy. Engineering Manager, Bill Helms, pointed out that Condition No. 9, of the Conditions of Approval is inappropriate and should be deleted. The Chairperson declared the Public Hearing open. Ms. Barbara Diaz addressed the Commission requesting clarification relating to the provision of street improvements. Mr. Helms stated that the street improvements mentioned will be required if the City deems it necessary. Plannin]~ Commission Minules 5 May 28,1991 MOTION: On motion of Commissioner Fox, seconded by Commissioner Higgins, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Fox, seconded by Commissioner Dougherty, it was unanimously ordered that Resolution No. 2750 be adopted approving S 91-06, subject to the Conditions of Approval, amended to delete Condition No. 9, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox, Meyer-Kennedy None None 3. UP 91-12 Shanker, P. Public Hearing to consider the application of Mr. Philip J. Shanker, DVM, for approval of a Use Permit to operate a pet hospital, in an existing building located at 137 East Hamilton Avenue, in a C-I-S (Neighborhood Commercial) Zoning District. Chairperson Meyer-Kennedy read the application into the record. Senior Planner, Randy Tsuda, presented the staff report noting the following: · Surrounding uses. · Size of the facility. · Consistent with General Plan and Zoning Designation. · Neighbors have indicated that thero are no problems with this type of use. · Proposal to provide two new entryways. · New landscaping aroa. · Amount of animals to be kept on premises. · Staff is recommending approval. Commissioner Alne and Staff discussed the allowable number of cats to be kept over night. Senior Planner Tsuda pointed out that this application is for 100 cats being allowed to stay on the premises overnight for hospital care. Chairperson Meyer-Kennedy reviewed the history of the site and existing use for clarification. She opened the public hearing, however, no one wished to speak. MOTION: On motion of Commissioner Perrine, seconded by Planninfi Commission Minu[es 6 May 28,1991 Commissioner Higgins, it was unanimously ordered that the Public Hearing be closed. MOTION: On motion of Commissioner Perrine, seconded by Commissioner Wilkinson, it was unanimously ordered that Resolution No. 2751 be adopted, approving UP 91-12, subject to the Conditions of Approval, by the following roll call vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: Alne, Higgins, Perrine, Wilkinson, Dougherty, Fox, Meyer-Kennedy None None MISCELLANEOUS 4. Information Proposed 68 unit apartment project located at 635 West Parr Avenue, in the Town of Los Gatos. Chairperson Meyer-Kennedy discussed the report prepared by the Planning Department. Director of Planning, Steve Piasecki, reported that in response to concerns raised by the public, the Town of Los Gatos has requested that a community meeting be held to address those concerns. The meeting is scheduled for May 30, 1991, at 5:00 p.m. Commissioner Fox expressed concern relating to timeliness of the referral to the City of Campbell. Commissioner Dougherty expressed concern relating to traffic mitigation measures. expressed interest in reviewing a policy to address overflow of Los Gatos traffic onto Campbell streets. He Mr. Piasecki stated that the suggested policy could be reviewed when the Circulation Element of the General Plan is reviewed. The report was accepted. 5. Staff Schedule General Plan Hearing for June 25, 1991. Director of Planning, Steve Piasecki, updated the Commission on the need for revising the General Plan Hearing schedule. Plannin~ Commission Minutes 7 May 28,1991 MOTION: On motion of Commissioner Higgins, seconded by Commissioner Fox, it was unanimously ordered that the General Plan Hearing schedule be revised changing the General Plan hearing date from July 23, 1991, to June 25, 1991. Discussion ensued relating to Item No. 1, UP 91-09, regarding fencing and occupancy. Members of the public were not present during a portion of the hearing and asked various questions relating to the project. Chairperson Meyer-Kennedy suggested adjourning the meeting in order to answer the questions of the public relative to this item. The Commission concurred. REPORT OF THE PLANNING DIRECTOR The report of the Planning Director was accepted. Senior Planner, Randy Tsuda, informed the Commission that Trammel Crow will request a continuance from their scheduled Public Hearing date of June 11, 1991, to June 25, 1991. Commissioner Alne commended staff for preparation of the Commission binders. ADJOURNMENT Adjourned at 8:20 p.m., to a public informational session to discuss UP 91-09, subsequently, adjourning to the next regularly scheduled Planning Commission meeting of June 11, 1991, at 7:30 p.m., in the City Council Chambers, 70 North First Street, Campbell, California. Respectfully Submitted by: 9(aron Shaban Reporting Secretary APPROVED: Jane P. Meyer-Kennedy Chairperson ATTEST: Steve T. Piasecki Secretary